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SAN BERNARDINO COMMUNITY COLLEGE DISTRICT
ADMINISTRATIVE PROCEDURE
7250
MANAGEMENT EMPLOYEES
The San Bernardino Community College District seeks a qualified and diverse administration,
faculty, and staff dedicated to student success. The District is committed to an open, inclusive,
and lawful, hiring process that supports the goals of diversity and equal opportunity providing
equal consideration and opportunities for all qualified candidates. The goal of every hiring
process is to select the most qualified candidate who best meets the needs of our students both
directly and indirectly.
The administration, faculty, and staff recognize the importance of an effective hiring process that
reflects mutual professional responsibility and interest in achieving the common goal of hiring
outstanding employees who will enhance the learning experience for all students and fulfill the
mission and goals of the College and the District.
RECRUITMENT AND HIRING
HIRING QUALIFICATIONS
The San Bernardino Community College District has established the following hiring qualifications
for all classified management positions:
A.
Demonstrated sensitivity to, understanding of, and respect for the diverse academic,
socio-economic, cultural, disability, religious, sexual orientation, and ethnic backgrounds
of community college students.
B. Meet the minimum qualifications as stated in the job description.
C.
Commitment to participate in the collegiate consultation process of the College and the
District.
GENERAL HIRING PROVISIONS
A.
Approval to Fill a Position
Requests to fill new or vacant positions must be processed through the appropriate administrator,
College President, Fiscal Services and the Office of Human Resources, and must receive the
approval of the Vice Chancellor of Human Resources & Employee Relations or Designee. All
management positions shall be approved by Chancellor’s Cabinet prior to being announced.
B.
Online Employment Application Process
The Office of Human Resources implemented this system in order to automate and streamline
many of the paper-driven aspects of the employment application process. All requested positions
must be submitted through the Online Application System. After the requested information for the
vacant position is filled out and submitted, the request will then be approved by the appropriate
administrators. The receipt of the Personnel Requisition Form by the Office of Human Resources
and budget authorization by Fiscal Services indicates approval to begin the recruitment process.
C.
Recruitment
The District shall maintain a program of verifiable Equal Employment Opportunity recruitment of
qualified members of historically underrepresented groups in all job categories and
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classifications, including but not limited to faculty, classified and confidential employees;
categorically funded positions; and all other executive, administrative and managerial positions.
D.
Job Announcements
Job announcements shall clearly state job specifications setting forth the knowledge, skills, and
abilities necessary for job performance. All job specifications which the District wishes to utilize
shall be reviewed by the appropriate administrator and the Office of Human Resources before the
position is announced to ensure conformity with the requirements of Title 5 and both State and
Federal non-discriminatory laws. The content of the job announcement is the responsibility of the
appropriate administrator and the Office of Human Resources and must be approved by the Vice
Chancellor of Human Resources & Employee Relations or Designee.
The position announcement must include the following:
1. A description of the duties and responsibilities;
2. Minimum qualifications;
3.
Additional desirable qualifications that are job related and support the
responsibilities of the position;
4.
Provision for presentation of qualifications that are equivalent to the minimum
qualifications;
5. Notification of testing if required; and
6.
E.
Legal qualifiers, established by the Office of Human Resources to comply with
Federal, State, and District regulations (e.g. Title 5, Title VII, EEO and ADA).
Pre-Screening Process
The Office of Human Resources will pre-screen the applications to ensure that applicants meet
minimum qualifications and requirements as set forth in the position announcement and, on that
basis, will certify the “qualified” pool of applicants.
F.
The Screening Committee
1.
The appropriate administrator in consultation with the Office of Human
Resources will designate the composition of the Screening Committee to ensure
appropriate representation from the affected department.
2.
The Screening Committee for management positions shall have no less than
three (3) and no more than nine (9) members who have been trained by the
Office of Human Resources.
3.
All Screening Committee members must receive training on equal opportunity,
diversity, and the employment process for each Screening Committee on which
they serve. Such training will be provided by the Office of Human Resources.
4.
The majority of the members shall be those with applicable knowledge in the job
category or classification with at least one member being directly from the
affected department.
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G.
5.
Every Screening Committee shall have at least one management member and
one California Schools Employee Association (CSEA) appointee and when
appropriate, an appointee from the Academic Senate.
6.
The administrator of the vacant position will appoint the remaining members of
the Screening Committee. Each Screening Committee will also include an Equal
Employment Opportunity representative designated by the Office of Human
Resources.
7.
The Equal Employment Opportunity representative’s role and responsibility is to
maintain confidentiality and ensure the hiring process remains fair and equitable.
8.
Every effort must be made to incorporate broad representation on every
Screening Committee to bring a variety of perspectives to the screening process.
9.
The appropriate administrator of the vacant position submits the membership of
the Screening Committee to the Office of Human Resources for approval.
Interview Process
1.
In cases where fewer than three (3) candidates are invited for interview, the
Screening Committee Chair shall provide written justification to the Office of
Human Resources.
2.
The screening Committee develops job related interview questions. All questions
will be reviewed by the Vice Chancellor of Human Resources & Employee
Relations or designee. All Interview questions are confidential.
3.
The Screening Committee will determine the candidates, date, and time to
interview.
4.
The Office of Human Resources will contact the candidates to be interviewed.
The appropriate administrator will coordinate with the Office of Human
Resources the arrangements for the time and place of the interview.
5.
The interview will be conducted by the members of the Screening Committee.
Each candidate will be asked the same questions, in the same way, for a fair and
consistent basis in assessing all the interviewees.
6.
All Screening Committee members must sign a confidentiality statement prior to
the interviews and are required to fill out an evaluation form and rank all
interviewees.
7.
If a Screening Committee member is absent from any part of the interview
process, that member is disqualified from any future participation unless
otherwise determined by the Vice Chancellor of Human Resources & Employee
Relations.
8.
After the 1 level interviews are concluded, each member of the Screening
Committee will evaluate the qualifications of the interviewees. The EEO
representative will be responsible for all documentation of the interview and
recommendation. The Screening Committee will identify strengths and concerns
nd
of all candidates advancing to 2 level interviews.
9.
The supervisor may participate on the 1 level interviews on recommendation of
the appropriate administrator. In unique situations where the only representative
st
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of the affected department is the supervisor, the Office of Human Resources will
assess the particular circumstance.
H.
10.
The Screening Committee will recommend at least three (3) candidates to the
nd
appropriate administrator for 2 level interviews. The Screening Committee shall
recommend no less than three (3), unless fewer were interviewed or unless the
Screening Committee Chair presents written justification for submitting fewer
nd
than three (3) for 2 level interview.
11.
Second level interviews will be convened for all finalists by the appropriate
administrator or designee.
12.
The Office of Human Resources will contact the finalists to be interviewed at 2
level and communicate the arrangements for the time and place for the interview,
as determined by the appropriate administrator or designee.
nd
Selection Process
The appropriate administrator and designee shall select one of the finalists, who is best qualified
to fill the position and shall recommend such person to the Chancellor.
The appropriate administrator will submit an online notification to the Office of Human Resources
to forward the screening to the Board of Trustees for approval.
I.
Reference Check
Upon receipt of the selected candidate, the Office of Human Resources or the College President
will conduct reference check in accordance with the policies and principles of Equal Employment
Opportunity.
The Office of Human Resources will contact the successful candidate to make a provisional offer
of employment, contingent upon passing the Department of Justice clearance, pre-employment
physical, and Board of Trustee approval.
Once the successful candidate has accepted the offer, the Office of Human Resources will notify
the unsuccessful candidates in writing of non-selection.
EMPLOYMENT REQUIREMENTS
All management employees will be required to comply with all federal, state, and local requirements
for employment.
A.
B.
Fingerprints
1.
All managers shall be required to provide fingerprint cards at the time of hire. The
cost of the fingerprinting shall be borne by the employee.
2.
Substitute and temporary employees employed for less than a school year are
exempted from the provisions of this policy.
Examination for Tuberculosis
1.
New Employees:
All management employees of the San Bernardino Community College District must
file with the District a certificate of evidence showing the employee was examined
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and found free from active tuberculosis. This evidence must be filed prior to the
date of the original employment. An intradermal tuberculin test is provided free of
charge at each college Health Services Office. Any charge for an exam by an
outside agency will be borne by the employee.
2.
C.
Renewals:
a.
Thereafter, all employees shall be required to undergo an X-ray of the lungs
or an approved intradermal tuberculin test that, if positive, shall be followed
by an X-ray of the lungs every four years. Intradermal tests are available
as described above.
b.
Notice of renewal requirements shall be the responsibility of the District
Personnel Office and will be mailed to the home 45 days prior to the
expiration date.
c.
Adequate release time from the employee's workstation will be allowed to
comply with this requirement.
d.
Failure to comply may result in immediate suspension without pay until
such time as the employee undergoes such an examination and presents
evidence thereof to school officials.
e.
Requests for exemptions for religion or other reasons will not be approved.
Loyalty Oath
All management personnel will be required to sign the legally prescribed oath of allegiance
upon employment with the District.
D.
Employment Eligibility Verification I-9
All new employees are required to satisfy the requirements of the Employment Eligibility
Verification Form I-9.
E.
Scheduling of Interviews
Applicants who are invited for an initial interview and who live more than 200 miles away will
be scheduled for an interview with the college president or chancellor, if possible, in addition
to the committee interview on the same day as the initial interview.
Finalists who are invited for a second interview and live more than 200 miles away will be
reimbursed for actual travel and meal expenses incurred as set forth in the Employee Travel
Policy.
HOURS OF EMPLOYMENT
A.
The workweek for all management personnel shall be a minimum of forty (40) hours.
B.
No overtime or compensatory time off will be granted for overtime necessary in the
performance of management duties.
PROFESSIONALGROWTH
A.
Management personnel on the management salary schedule shall be eligible for tuition
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cost reimbursement from an accredited institution.
B.
Reimbursement will only be given for courses completed with a grade of "C" or better,
"credit", or equivalent grade, which pertains to their management position.
C.
Such reimbursement shall not exceed costs of 18 semester units of course work per
year.
D.
Reimbursement shall not be allowed for courses carrying zero units.
E.
No tuition cost paid by the District is to exceed 80% of a per unit basis cost of similar
course work at the University of California.
F.
All courses/programs for which a manager seeks tuition reimbursement must have prior
approval of the Chancellor and the Board.
MANAGEMENT EVALUATION
All management employees shall be evaluated in accordance with these procedures and Board
Policy 7251.
A.
Frequency of Evaluation
Each manager will be evaluated once per year for the first two years of employment, and
every three years thereafter. Evaluations may be held on a more frequent basis when
significant deficiencies are noted.
B.
Goals/Objectives
Each manager will meet with his/her supervisor at the beginning of each academic year to
review the goals and objectives set for the prior year and to discuss the extent to which the
goals and objectives were met. They will review the job description and, by mutual
agreement, revise, update, or set new short- and long-range goals and objectives.
C.
Evaluation Committee
By September 1 of each year of required evaluation, the supervisor and employee will meet
and mutually agree upon the formation of an evaluation committee.
In the case of campus-level managers, the committee shall include the immediate
supervisor as chairperson, one manager appointed by the President, one faculty member
appointed by the Academic Senate, and one classified employee appointed by CSEA as
appropriate to the job assignment. In each case, the manager will nominate three
individuals from each category, (management, faculty and classified), from which the
appointments shall be made.
In the case of the College Presidents, the committee shall include the immediate supervisor
as chairperson, one manager appointed by the Chancellor, two faculty members appointed
by the Academic Senate, and one classified employee appointed by CSEA as appropriate to
the campus. In each case, the President will nominate three individuals from each category,
(management, faculty and classified), from which the appointments shall be made.
In the case of the district-level managers, the committee shall include the immediate
supervisor as chairperson, one manager appointed by the Chancellor, one faculty member
appointed by the Academic Senate at San Bernardino Valley College, one faculty member
appointed by the Academic Senate at Crafton Hills College, and one classified employee
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appointed by CSEA as appropriate to the job assignment. In each case, the manager will
nominate three individuals from each category, (management, faculty and classified), from
which the appointments shall be made.
D.
Campus/District Survey
As appropriate to the assignment, the committee shall seek written feedback from the
campus and/or district community. In obtaining this feedback, the committee shall use an
evaluation form approved by the Board of Trustees. Using the approved form, the
committee shall seek input from applicable managers, faculty, classified staff and any others
who are in a position to know how effectively the manager is performing assigned
responsibilities. To assist in this task, the manager will provide the committee with a
preliminary list of those with whom he/she interacts with on a regular basis. Responses on
the approved form shall be signed, and the committee shall prepare a consolidated
summary of the ratings and comments. Original survey documents will be destroyed once
the consolidated summary is prepared. A copy of the consolidated summary will be made
available to the manager at the conclusion of the evaluation procedure.
E.
Evaluation Committee Meeting
Prior to the evaluation conference, the person being evaluated will submit to the supervisor a
written self-evaluation of his/her performance, which shall be based on the approved job
description and previously established, mutually agreed upon goals and objectives. The
employee may submit a portfolio of representative work, or any other items he/she considers
appropriate.
The supervisor and the evaluation committee will meet to consider the self-evaluation, the
campus/district survey, and any additional material submitted by the manager. The
committee may consider any other documents or information sources which they agree are
appropriate.
F.
Evaluation Report
The committee will produce a written evaluation no later than November 15. The report shall
include:
1.
A summary of duties from the job description, which shall serve as a basis for the
evaluation.
2.
A summary list of the goals and objectives from the prior year that have been
mutually agreed upon by the manager and his/her supervisor.
3.
An assessment of the extent to which the manager meets his/her stated goals and
objectives.
4.
An assessment of the management strengths of the manager.
5.
The identification of any areas in which the manager can improve his/her
performance or management skills.
The written report shall specify one of the following:
1.
Commendation for superior performance;
2.
Confirmation of satisfactory performance;
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3.
Recommendation for improvement and/or further evaluation as indicated by
unsatisfactory performance.
The evaluation record shall be read and signed by the manager, the immediate supervisor,
and the responsible evaluators before being placed in his/her file. The manager shall
receive a copy of the evaluation report, and will have an opportunity to attach a written
response within fifteen working days. The response may offer clarification, additional
information, or a rebuttal, as the person being evaluated may wish.
An official file of evaluation reports shall be maintained in the District Personnel Office.
Evaluation reports shall not be retained in the file beyond a four-year period if the manager
requests that they be expunged.
There will be only three copies of a completed evaluation. One copy will remain in the
possession of the manager being evaluated, one copy will remain with the immediate
supervisor, and the original will become a part of the official file in the Personnel Office.
G.
Procedures in the Case of Unsatisfactory Performance of Responsibilities
When a manager’s performance is judged unsatisfactory, corrective measures will be
initiated. The manager shall develop a work plan with measurable goals, objectives and a
timetable to correct the areas judged unsatisfactory. This work plan shall be reviewed and
approved by the immediate supervisor who shall be responsible for monitoring and assisting
the manager with the corrective measures. If desired, the immediate supervisor will work
with the manager to identify a mentor to provide guidance and advice.
In order to ascertain the extent to which corrective measures have succeeded, the reevaluation of the manager shall be undertaken as soon as deemed appropriate by the
supervisor, but in no case later than six months after the initial findings of the evaluation
committee. The re-evaluation process shall include the submission of new goals and
objectives to the immediate supervisor, the formation of a new evaluation committee, the
collection of new survey data, and the preparation of an updated evaluation report that
assesses the progress (or lack of progress) made since the last evaluation.
G.
Nonrenewal of Contract, Dismissal, or Penalty of Limited Duration
In the case of unsatisfactory progress following re-evaluation, managers shall be notified
of contract nonrenewal, dismissal, or penalty of limited duration by action of the Board of
Trustees in accordance with the Education Code.
VACATIONS
A.
Management employees earn vacation at the rate of 1.91 days per month for each complete
month of service. In determining vacation accrued at the end of any calendar month, the
product of 1.91 X months worked shall be rounded to the nearest whole number.
B.
All vacation computation is based on a fiscal year of July 1 to June 30.
C.
New employees with an employment date other than the first working day of the month shall
not start accruing vacation until the first working day of the following month of employment.
D.
Each July all management employees shall be notified by the Payroll Department of their
June 30 accrued vacation credits. Management employees can accrue vacation credits up
to 46 days. Once vacation credits reach the maximum accrual level no more vacation
credits will be earned.
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E.
Vacations will be set at the convenience of both the employee and the District, and are
subject to the approval of the manager to whom he/she is responsible, and the Campus
President or Chancellor, as appropriate.
F.
Upon leaving the employment of the District, a management employee shall be entitled to
lump sum compensation for earned and unused vacation at his/her current salary. Payment
shall be made up to the accrued number of vacation days not to exceed forty-six (46) days.
LEAVES OF ABSENCE
A.
Professional Growth - A leave of absence for professional growth and study shall be
provided for managers. Such leave shall be for a period of two months at full pay.
1.
Managers must have completed six years of service with the District, two of which
must have been in a management position.
2.
Such leave will be at the convenience of the District and is subject to approval by
the Board upon recommendation by the Chancellor.
3.
Application
a.
An application for professional growth leave shall be submitted for approval
by February 1st of the year proceeding the fiscal year in which the leave is
to be taken. Approval or denial shall be made prior to June 1st of the same
year.
b.
Employees who meet the eligibility requirements will make application to
the Chancellor after having secured the endorsement of their immediate
supervisor and the college president when applicable.
c.
Applications will be evaluated on the following factors:
d.
4.
(1)
Purpose of the leave
(2)
Value to the District
(3)
Convenience to the District
If the number of applications exceeds the allowable leaves (see below),
resolution and selection will be based on the following:
(1)
Length of service with the District
(2)
Length of time since last leave
Conditions
a.
Managers/administrators are not eligible for faculty sabbatical leaves.
b.
Granting of a professional growth leave shall not adversely affect the
implementation of the faculty sabbatical leave policy.
c.
Acceptance of a leave under this policy removes the recipient from the
eligibility list for a period of at least an additional six years.
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d.
Not more than three managers from SBVC, one from CHC, and one from
Central Services shall be granted leave in any one fiscal year. No more
than three managers from the entire District shall be on leave at the same
time.
e.
For the purpose of this procedure, administrative management groups are
defined as follows:
f.
B.
(1)
Central Services
(2)
College--Instruction, Student Services
Leaves granted in each administrative/management group listed in above
shall be limited to the number of persons that may be on leave at one time
as follows:
(1)
Groups with three managers or less--1
(2)
Groups with four through seven managers--2
(3)
Groups with over seven managers--3
g.
The president of either campus shall not be on professional growth leave at
the same time as the manager responsible for instructional administration.
h.
Duties of the manager(s) on leave are to be assumed and performed by
other members of management for the period of the leave at no additional
cost to the District when possible.
Sick Leave
1.
Every full-time, 12-month management employee employed 5 days a week shall be
entitled to 12 days leave of absence for illness and injury per year.
2.
A management employee, employed 5 days a week, who is employed for less than
a full fiscal year, is entitled to that proportion of 12 days leave of absence for illness
or injury as the number of months he/she is employed bears to 12.
3.
A management employee, employed less than 5 days per week, shall be entitled for
a fiscal year of service to that proportion of 12 days leave of absence for illness or
injury as the number of days he/she is employed per week bears to 5. When such
person is employed for less than a full fiscal year of service, this and the preceding
paragraph shall determine that proportion of leave of absence for illness or injury to
which he/she is entitled.
4.
Pay for any days of such absence shall be the same as the pay that would have
been received had the employee served during the day.
5.
Credit for leave of absence need not be accrued prior to taking such leave by the
employee and such leave of absence may be taken at any time during the year.
6.
If an employee does not take the full amount of leave allowed in any year under this
policy, the amount not taken shall be accumulated from year to year.
7.
The Board may require proof of illness or injury for the purposes of this policy.
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C.
D.
E.
F.
Maternity Leave
1.
A manager may use sick leave for absences necessitated by pregnancy,
miscarriage, childbirth, and recovery therefrom. The length of absence, including
the date on which the leave shall commence and the date on which the employee
shall resume duties, shall be determined by the employee and the employee's
physician.
2.
Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and
recovery therefrom are, for all job-related purposes, temporary disabilities, and shall
be treated as such under any health or temporary disability insurance or sick leave.
3.
This provision shall be construed as requiring the District to grant leave with pay
only when it is necessary to do so in order that leaves of absence for disabilities
caused or contributed to by pregnancy, miscarriage, or childbirth be treated the
same as leaves for illness, injury, or disability.
Bereavement Leave
1.
Every person employed in a management position is entitled to a paid leave of
absence, not to exceed 3 days, or 5 days if travel out-of-state or a round trip of over
500 miles is required, on account of the death of any member of his/her immediate
family.
2.
Member of the immediate family means the mother, father, grandparent or a
grandchild of the employee or the spouse of the employee, and the spouse, son,
son-in-law, daughter, daughter-in-law, brother, brother-in-law or sister, sister-in-law
of the employee, or any relative living in the immediate household of the employee.
Personal Necessity Leave
1.
Any days of leave of absence for illness or injury allowed pursuant to the District
sick leave policy may be used by the employee at his/her election in cases of
personal necessity.
2.
Request for such personal necessity leave shall be submitted to the Chancellor or
designee prior to the absence, explaining the specific nature of the personal
emergency.
3.
The employee shall not be required to secure advance permission for leave taken
for any of the following reasons:
a.
Death or serious illness of a member of his/her immediate family.
b.
Accident, involving his/her person or property, or the person or property of a
member of his/her immediate family.
Industrial Accident and Illness Leave
1.
Employees must have served in the District a minimum of 9 months.
2.
Industrial accident or illness leave of absence shall not exceed 60 days in any one
fiscal year for the same accident or illness.
3.
Allowable leave shall not accumulate from year to year.
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G.
4.
Industrial accident or illness leave shall commence on the first day of absence.
5.
During any paid leave of absence, the employee shall endorse to the District the
temporary disability indemnity checks received on account of his/her industrial
accident or illness.
6.
When an accident or illness overlaps in the next fiscal year, the employee is entitled
only to the balance of the 60 days not used.
7.
At such time that the employee has used his/her full entitlement of 60 days industrial
leave, he/she may use his/her accumulated sick leave. Sick leave will be used at a
rate equal to the pay received from the District less any contribution from Worker's
Compensation.
8.
Evidence must support the fact that the illness or accident arose out of employment.
The Board of Trustees may require a physician's report on probable cause.
9.
Management employees shall submit information regarding the nature and causes
of all absences in order that adequate personnel records may be maintained.
Military Leave
Permanent employees or probationary employees whose combined District service and
military service total one full year shall be entitled to full pay for the first 30 calendar days of
absence for reserve training in any one fiscal year. Such leave must be verified by a copy of
the military orders requiring military pay.
H.
Jury Duty Leave
When a management employee is absent because of a mandatory court appearance as a
juror, said employee shall suffer no monetary loss by reason of said service. Such
employee shall receive his/ her regular salary (upon receipt by the District of a valid jury duty
verification), but shall reimburse to the District jury duty payment received from the court,
excluding reimbursement for mileage.
I.
Unpaid Leave
An unpaid leave of absence may be granted by the Board upon the recommendation of the
Chancellor subject to the following provisions:
1.
A request for leave that clearly articulates the terms and conditions requested must
be submitted to the immediate supervisor. The supervisor will act upon the request
and, in the case of a favorable response, will forward the request through the
appropriate channels. If the immediate supervisor opposes the leave, he/she shall
notify the applicant within 15 working days of the date of submission. Applicants
who are denied leave have the right to appeal through the usual organizational
channels.
2.
No more than one full-year of unpaid leave will be granted to an employee, and
such leave shall not extend beyond one year.
3.
No unpaid leave will be granted to an employee who takes a position with another
organization which by its nature is considered to be permanent and continuing.
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J.
4.
An individual on unpaid leave retains the right to District employment at the end of
the leave but does not retain the right to return to the specific position vacated.
5.
A notice of intent to return must be filed in writing with the District Personnel Office
three months prior to the anticipated date of return.
6.
An unpaid leave will be treated as a "break" in service. An individual on unpaid
leave will not receive advancement credit on any salary schedule, will not be
credited with sick days or vacation days, and will not receive retirement credit while
on leave.
7.
An individual on unpaid leave may purchase continued coverage under District
health, dental, and life insurance plans.
Family Care Leave
1.
An employee with more than one year of continuous service with the District who is
eligible for other leave benefits shall be granted upon request an unpaid family care
leave up to a total of four months in any twenty-four month period pursuant to the
requirements of this policy.
a.
For purposes of this policy, the term "family care leave" means either:
(1)
Leave for reason of the birth of a child of the employee, the
placement of a child with an employee in connection with the
adoption of the child by the employee, or the serious illness of a
child of the employee; or
(2)
Leave to care for a parent or spouse who has a serious health
condition.
2.
An unpaid family care leave granted pursuant to this policy shall be in addition to
any other leave pursuant to the Government Code, except that an unpaid family
care leave used in conjunction with a pregnancy leave of four months or more may
be limited by the District within its discretion to one month.
3.
An unpaid family care leave shall be treated as any other unpaid leave. During an
unpaid family care leave, an employee shall retain employee status with the District,
and such leave shall not constitute a break in service. An employee returning from
an unpaid family care leave shall have no less seniority than when the leave
commenced.
4.
If an employee's need for an unpaid family care leave is foreseeable, the employee
shall provide the District with reasonable advance notice of the need for such leave.
If the employee's need for such leave is foreseeable due to a planned medical
treatment or supervision, the employee shall make a reasonable effort to schedule
the treatment or supervision to avoid disruption to the operations of the District.
5.
The District requires that an employee's request for an unpaid family care leave for
the purposes of caring for a child, spouse or parent who has a serious health
condition be supported by a written certification issued by the health care provider of
the individual family member requiring care. This written certification must include:
a.
The date on which the serious health condition commenced;
b.
The probable duration of the condition;
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6.
c.
An estimate of the amount of time the health care provider believes the
employee needs to care for the individual requiring care; and
d.
A statement that the serious health condition warrants the participation of a
family member to provide care during a period the treatment or supervision
of the individual requiring care.
e.
If additional leave is requested by the employee upon expiration of the time
estimated by the health care provider, the employee must request such
additional leave again supported by a written recertification consistent with
the requirements for an initial certification.
Definitions - for purposes of this policy and consistent with current law:
a.
The term "child" means a biological, adopted, or foster child, a step-child, a
legal ward, or a child of an employee standing in loco parentis who is either
under eighteen years of age or an adult dependent child.
b.
The term "parent" means biological, foster, or adoptive parent, step-parent,
or a legal guardian.
c.
The term "serious health condition" means an illness, injury, impairment, or
physical or mental condition which warrants the participation of a family
member to provide care during a period of the treatment or supervision, and
involves either of the following:
d.
(1)
Inpatient care in a hospital, hospice, or residential health care
facility; or
(2)
Continuing treatment or continuing supervision by a health care
provider.
The term "health care provider" means an individual holding either a
physician's and surgeon's certificate issued pursuant to applicable law, or
an osteopathic physician's and surgeon's certificate issued pursuant to
applicable law.
7.
The District within its discretion may allow an employee upon written request to
utilize accumulated illness and accident leave for the purpose of family care leave.
8.
An employee taking unpaid family care leave pursuant to this policy shall continue
to be entitled to participate in health plans and other benefits to the same extent and
under the same conditions as apply to other unpaid leaves of absence.
9.
The District may refuse to grant an employee's request for unpaid family care leave
under this policy even though all requirements of this policy have been satisfied if:
a.
The refusal is necessary to prevent undue hardship to the operations of the
District;
b.
The employee and the other parent would receive unpaid family care leave
exceeding four months in any twenty-four hour period; or
c.
The other parent is also taking family care leave at the same time or is
unemployed.
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10.
Any employee returning from an unpaid family care leave shall be assigned to the
same or comparable position. For purposes of this policy and consistent with
current law, the term "same or comparable position" means a position that has the
same or similar duties and pay which can be performed at the same or similar
geographic location as the position held prior to the leave.
11.
This policy shall not be construed to entitle the employee to receive disability
benefits as provided in the Labor Code.
HEALTH AND WELFARE BENEFITS
A.
A program of health and welfare benefits shall be provided to all management employees.
B.
Hospitalization/Medical - The insurance premium for the Board approved
hospitalization/medical plan is paid for the employee, spouse and dependents by the District.
C.
Dental - The insurance premium for the Board approved dental plan is paid for the
employee, spouse and dependents by the District.
D.
Life - The insurance premium for the Board approved life insurance plan is paid for the
employee by the District.
E.
Health Insurance Continuation After Retirement - Any management employee who opts
for early retirement or disability retirement will continue to receive hospitalization/medical
plan benefits available to certificated employees of the District, until age 65, subject to all of
the following conditions:
1.
Has attained the age of 55 before terminating employment with the District or earlier
under disability retirement.
2.
Has completed a minimum of five years service with the District (disability
retirement); has completed a minimum of ten years service with the District (service
retirement).
3.
Must have been an employee of the District immediately preceding retirement
status.
4.
Must be on retirement with the State Teachers Retirement System or Public
Employees Retirement System.
OPTIONAL PRE-RETIREMENT REDUCED WORKLOAD PROGRAM
A.
The employee:
1.
Must be 55 years of age prior to the reduction of workload under this program. The
employee must be 55 years of age before the beginning of the college year or
semester in which the reduction in workload starts.
2.
Must have been employed full-time in an academic position for at least ten (10)
years of which the preceding five (5) years were full-time employment. Sabbaticals
and other approved leaves do not constitute a break in service. Such leave,
however, is not used to compute the five (5) years full-time service requirement prior
to entering the program.
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B.
C.
3.
Must request that the option be exercised. The plan can only be terminated by
mutual consent of employee and employer.
4.
Must make contributions to the STRS or PERS Retirement System equal to the
amount required for a full-time (100%) employee. Payment of this contribution shall
be made in the manner in which contributions are made by regular employees.
The employer (SBCCD):
1.
At its discretion, may approve or disapprove the employee's request. The District
shall provide the employee with written rationale for its disapproval.
2.
Except for the reduction in salary corresponding to the reduced workload, will
provide the employee the same benefits (including all health, medical, insurance
plans, etc.) provided a regular full-time (100%) employee.
3.
Must agree to make contributions to the STRS or PERS Retirement System in
accordance with the law.
The Plan (Pre-Retirement Option):
1.
The option may be exercised for a period not to exceed five (5) years or age 65,
whichever comes first.
2.
The minimum part-time employment under the plan shall be the equivalent of onehalf of the number of days of service required by the employee's contract of
employment during the final year of service in a full-time (100%) position.
3.
By mutual agreement of the employer and the employee, an Optional PreRetirement Reduced Workload Program may be increased or decreased within the
code limitations.
4.
If an employee works less than a 100% assignment, the amount of sick leave
earned varies directly to the percent of full-time (100%) employment. For example,
50% employment would yield 50% of 10 days or 5 days of full-time sick leave, or 10
days of 50% sick leave.
5.
An employee on less than full-time (100%) employment who must use sick leave
will reduce earned sick leave on the same basis as employment.
6.
To allow for sufficient time in planning, scheduling and budget preparation, the
following deadlines shall apply:
a.
January 15 - The employee shall notify the employer not later than January
15 of intention to exercise the Pre-Retirement Option for the ensuing school
year.
b.
March 15 - Agreement between employer and employee must be finalized
by March 15 for the ensuing school year.
EARLY RETIREMENT PLAN
A.
The employee must have been employed in the District on a full-time basis for a minimum of
ten (10) years.
B.
The minimum age for eligibility under this program will be 55.
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C.
The District may agree to award a consulting contract and the employee must retire from the
District in accordance with all applicable statutes, rules and regulations of the STRS or
PERS Retirement System. The District may disapprove any application as long as any
disapproval is not arbitrary or capricious.
D.
An employee accepted under this plan can never return as a full-time employee. He/she will
be employed as a part-time employee in retired status in accordance with rules and
regulations of the STRS or PERS Retirement System. At the termination of this plan, the
employee may be employed as a part-time employee on the non-contract hourly rate.
E.
The employee may continue certain fringe benefit coverages by assuming responsibility for
premiums if accepted by the insurer.
F.
Compensation shall be at the appropriate hourly rate, not to exceed the maximum
prescribed by law in any one fiscal year.
G.
There shall be no maximum or minimum number of applicants accepted under this plan.
The applicant can only be certain of eligibility for acceptance after he/she has met with the
Chancellor, or someone designated by the Chancellor, to determine whether or not the
District will have a need for his/her services. In the event that there are more eligible
applicants than the District will be able to use effectively, the principle of seniority will be
used as the deciding criterion to determine who will be accepted under this plan.
H.
Employees on disability retirement do not qualify for the plan.
I.
Deadline for application is March 15.
CELLULAR TELEPHONE USAGE
A.
Authorization
Each college president and each vice chancellor may designate managers to receive
partial reimbursement for the use of a cellular telephone in conducting District business.
B.
Application
Managers shall make application through the appropriate channel. Approved applications
shall be forwarded from the campus to the Vice Chancellor Fiscal Affairs for
implementation.
C.
Reimbursement
Reimbursement shall be at a rate not to exceed $50 per month, which shall include
purchase of the telephone, activation, monthly service charges, and air use time—including
long distance calls. While monthly application for reimbursement is not required, periodic
verification of telephone usage may be requested.
D.
Review
This policy shall receive periodic review to assess the appropriateness of the
reimbursement rate.
HOURLY TEACHING
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Management personnel may teach one class per semester at the current hourly pay rate, subject to
approval of the immediate supervisor and campus president. Any class taught for hourly pay shall
be outside the manager's normal working hours.
ADMINISTRATOR RETREAT RIGHTS
A.
B.
An administrator hired after June 30, 1990, who does not have tenure in the District at the
time of hire may be reassigned only to a first-year probationary faculty position and to such a
position only if he or she meets the following criteria:
1.
He/she holds an administrative position that is not part of the classified service, or if
he/she holds an administrative position that is part of the classified service, he/she
was certified by the Academic Senate as possessing qualifications in a specified
discipline or disciplines similar to those expected of a newly hired faculty member in
that discipline(s).
2.
He/she has served in this district a total of at least two years as a faculty member or
administrator.
This service must have been satisfactory according to
documentation.
3.
He/she is being reassigned for reasons other than for cause, as defined in the
Education Code.
4.
Reassignment shall not result in the lay-off or forced change in the contract
assignment for any contract faculty member.
To determine the discipline to which an administrator shall be assigned, the following shall
apply:
1.
The administrator can be assigned only to a discipline in which he/she meets the
minimum qualifications as specified by the Education Code and Title 5. The
Academic Senate shall certify to the Governing Board that the administrator meets
at least minimum qualifications and/or equivalencies for the discipline(s) in question
and shall recommend the discipline(s) to which the administrator should be
assigned. The Governing Board shall provide the Academic Senate with an
opportunity to present its views to the Board before the Board makes a
determination. A written record of the Board's decision, including the view of the
Academic Senate, shall be available for review pursuant to Education Code.
2.
The administrator shall be assigned to a discipline in which he or she has not only
the minimum qualifications but also where all of the following apply:
a.
There are sufficient assignments in the discipline or service area currently
held by temporary or hourly faculty or contract overload to make a full-time
assignment for an additional faculty member.
b.
The administrator has an interest as indicated by a statement of the
administrator's own preference for assignment.
C.
Unless otherwise specified in a personal contract, an administrator reassigned to a faculty
position shall be compensated based on placement on the faculty salary schedule according
to his/her education and experience. Placement on the faculty salary schedule will include
years served as an administrator.
D.
These procedures will be reviewed by the joint Academic Senate Executive Committee and
the Vice President of Instruction, SBVC, and the Vice President of Instruction CHC, no later
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than April 15 of each year. Changes can be proposed by joint agreement and forwarded to
the Board for approval.
APPROVED: 5/9/13